Supply of Machinery (Safety) Regulations- when they apply

There is some confusion over when the Supply of Machinery (Safety) Regulations 2008 apply. We've had one instance where the HSE have said that it applies when you are selling old machinery.
This isn't true.

Reg. 3 states:
(a) references to placing machinery or partly completed machinery on the market are references to making it available in an EEA state—

(i) for the first time;

(ii) with a view to distribution or use, whether by the person making it available or another; and

(iii) whether for reward or free of charge;

Note that it only applies if it is for the first time. But beware; first time means first time use within the EU, and if you buy even a second-hand piece of machinery, say from the USA, then the regulations apply.

Note also that (ii) states distribution or use. So, even if it is for use within your own organisation, the regulations apply.

See more about CE marking support from Strategic Safety Systems.
See more about CE marking.